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Patna High Court

Bechan SahversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted anticipatory bail to petitioners 3 to 9 subject to a Rs 10,000 bond and conditions, while dismissing the applications of petitioners 1 and 2 as withdrawn.

Summary

The petitioners, a group of nine relatives from Pihwara village, sought anticipatory bail fearing arrest in connection with Saharghat Police Station Case No. 140 of 2023, which alleged offences under several IPC sections including assault, robbery and attempt to murder. The prosecution alleged that the petitioners, armed with iron rods and other weapons, assaulted the informant’s father and other family members and cut trees on the informant’s land. The petitioners contended that they were falsely implicated, that the allegations were vague, and that the case was a retaliatory filing stemming from an earlier land‑dispute case and a counter‑case lodged by the wife of petitioner No. 4. They also highlighted a 21‑day delay in filing the FIR and asserted clean antecedents. The petitioners withdrew the anticipatory bail applications of petitioners No. 1 and No. 2, and the Court allowed that withdrawal. For petitioners No. 3 to No. 9, the Court, finding the allegations non‑specific and suspecting false implication, ordered that they be released on bail upon furnishing a Rs 10,000 bond with two sureties and complying with conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners given the nature and specificity of the allegations.
  • Whether the delay in filing the FIR and the background of a land‑dispute indicate false implication warranting bail.
  • Whether the conditions imposed under Section 482(2) of the CrPC are appropriate for the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • land dispute
  • Indian Penal Code
  • Criminal Procedure Code
  • bail conditions
  • non‑specific allegations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30304 of 2026
                   Arising Out of PS. Case No.-140 Year-2023 Thana- SAHARGHAT District- Madhubani
                 ======================================================
           1.     Bechan Sah S/o Shivnandan Sah @ Shivan Sah R/o Village- Pihwara, Uttra
                  P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
           2.    Rajendra Sah S/o Late Shivnandan Sah @ Shivan Sah R/o Village- Pihwara,
                 Uttra P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
           3.    Mahendra Sah S/o Late Shivnandan Sah @ Shivan Sah R/o Village-
                 Pihwara, Uttra P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
           4.    Ram Prasad Sah S/o Late Shivnandan Sah @ Shivan Sah R/o Village-
                 Pihwara, Uttra P.S - Saharghat, District - Madhubani, Bihar, Pin - 847308
           5.    Anil Sah S/o Bechan Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
                 District - Madhubani, Bihar, Pin - 847308
           6.    Sushil Sah S/o Bechan Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
                 District - Madhubani, Bihar, Pin - 847308
           7.    Abhay Sah S/o Ram Prasad Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
                 District - Madhubani, Bihar, Pin - 847308
           8.    Arun Sah S/o Rajendra Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
                 District - Madhubani, Bihar, Pin - 847308
           9.     Pankaj Sah S/o Mahendra Sah R/o Village- Pihwara, Uttra P.S - Saharghat,
                  District - Madhubani, Bihar, Pin - 847308
                                                                           ... ... Petitioners
                                                      Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners       :      Mr. Kumaresh Singh, Advocate
                 For the State             :      Mr. (Dr.) Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   08-05-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                       2. After some arguments, learned counsel for the

                   petitioners seek permission to withdraw the anticipatory bail

                   application with respect to petitioner nos. 1 and 2, namely

                   Bechan Sah and Rajendra Sah.
Patna High Court CR. MISC. No.30304 of 2026(2) dt.08-05-2026
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                          3. Permission, as prayed for, is accorded.

                          4. Accordingly, the anticipatory bail application

          with respect to petitioner nos. 1 and 2, namely Bechan Sah and

          Rajendra Sah is dismissed as withdrawn. Now this anticipatory

          bail application survives only for petitioner nos. 3 to 9.

                          5. In the present case, the petitioners are

          apprehending their arrest in connection with Saharghat P.S. Case

          No. 140 of 2023, dated 22.10.2023, registered for the offences

          punishable under Sections 341, 323, 324, 325, 354B, 307, 379,

          504 and 506 read with Section 34 of the Indian Penal Code.

                          6. As per prosecution case, the petitioners armed

          with iron-rod, khanti and danda etc., assaulted the father of the

          informant and also assaulted other family members of the

          informant and neighbour of the informant. The co-accused

          persons also cut some trees from the land of the informant.

                          7. Learned counsel for the petitioners submits that

          the petitioners are innocent and have falsely been implicated in

          this case. The allegations levelled against the petitioners are

          general and omnibus without any overt act attributed against

          any of the petitioners. The present case is the counter blast of

          Saharghat P.S. Case No. 132 of 2023, registered under Sections

          341, 323, 324, 307, 379, 354B, 504 and 506 read with Section
Patna High Court CR. MISC. No.30304 of 2026(2) dt.08-05-2026
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          34 of the Indian Penal Code, lodged by the wife of the petitioner

          no. 4, namely Ram Prasad Sah, for the occurrence which took

          place on 30.09.2023 and in order to create defence, the

          informant has instituted the present case after a delay of 21 days

          without any satisfactory explanation. A number of persons from

          the petitioners’ side have also received injuries in the hands of

          persons of the informant’s side and the injuries are unexplained.

          The occurrence took place in the background of land dispute

          and a Land Dispute Resolution Case Partition No. 01 of 2018-

          19 was filed by the petitioners and towards order in the said

          case, the lands of the petitioners’ and informant’s side were

          demarcated and the petitioner’s side put a pillar in the said land

          which was not liked by the other side, who attacked the

          petitioners and beat them and thereafter, filed this false case as

          an afterthought only to punish the petitioners. Learned counsel

          further submits that petitioners are illiterate persons and daily

          wage earners who work outside the State of Bihar. Their

          pairvikar did not inform about the order dated 18.12.2023 and

          when they came to know about the apprehension on coming to

          their native village, they again filed an anticipatory bail

          application vide A.B.P. No. 442 of 2026 before the learned

          Sessions Court which was rejected. Learned counsel again
Patna High Court CR. MISC. No.30304 of 2026(2) dt.08-05-2026
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          reiterates that there is no explanation as to why there was delay

          in filing of the FIR by the informant. Learned counsel lastly

          submits that petitioners are having clean antecedents.

                          8. Learned APP opposes the submissions made on

          behalf of the petitioners.

                          9. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          non specific and non-serious nature of allegation against the

          petitioners and further considering the possibility of false

          implication in the background of earlier lodged case of the

          petitioners, let the petitioners, above-named, in the event of their

          arrest or surrender before the Court concerned within a period of

          eight weeks from today, be released on bail, on furnishing bail

          bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with

          two sureties of the like amount each to the satisfaction of

          learned Chief Judicial Magistrate, Madhubani, in connection

          with Saharghat P.S. Case No. 140 of 2023, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

          and other following conditions:

                          (i) One of the bailors will be a close relative of the

          petitioners.

                          (ii) The petitioners will remain present on each and
          Patna High Court CR. MISC. No.30304 of 2026(2) dt.08-05-2026
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                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                              (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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